Denied long-term disability benefits lawyers in Hamilton serving Ontario
Has your claim for long-term disability benefits been denied? Have your benefits been cut off?
We are experienced disability insurance lawyers who have represented a hundreds of disabled claimants who have been unreasonably denied or cut-off their long term disability benefits. We have litigated against every major disability insurance company in Canada. If your claim has been denied we can assist you through all stages of your claim for denied long-term disability benefits – and we will never ask you for upfront fees.
Being denied long-term disability can be terribly frustrating for claimants who rely on their disability income. Denied claimants can be left with disastrous financial problems if their long-term disability income is their only source of cash—especially if that income contributes to shared family expenses or is the only source of income for the entire family.
Unfortunately, insurance companies simply don’t care about your financial position. If they do not see that you are disabled according to their definitions, they will cut you off without hesitation.
The process of getting a denied claim approved can be extremely frustrating and confusing. Often, we see that disability insurance carriers enlist the services of their own paid doctors to review whether you’re disabled. These insurance company doctors often are not specialists regarding the illness or injury the claimant suffers from. We think that’s unfair.
The claim process is not something most people can handle alone. Fortunately, a Hamilton long-term disability lawyer from our firm can assist you through the process and handle your lawsuit for reinstatement.
About long term disability claims in Hamilton & throughout Ontario
The basic idea behind long-term disability is that your insurance company will pay monthly, predetermined benefits (either fixed or a percentage of your salary) to you, provided that you meet the applicable policy definitions of “total disability.”
What is total disability? Most long-term disability policies in Canada hold that the definition “total disability” is met when you are unable to perform the important duties of your own job within the first two years of your injury or illness, although you may be capable of performing another job. This is what we normally refer to as “own occupation” disability.
After two years, long-term disability (LTD) policies typically switch to a disability definition of “any occupation,” which means that you must be unable to perform the activities of any occupation for which you are reasonably suited by your education, training, and experience.
If you are not denied at the application process, most long-term disability carriers will deny long-term disability benefits at the two-year mark, when the policy makes the switch from you not being able to do your own job to not being able to do any job based on your education and work experience.
It is at this point that you would bear the ultimate burden of proof, meaning that you must prove that you are totally disabled and unable to perform any occupation to which you are reasonably suited by means of your education, training, and experience. This is the moment when you may require the services of an experienced long-term disability lawyer in Hamilton.
Getting your long-term disability benefits back on track
When you hire a Hamilton long-term disability claim lawyer, how do you then win your case? Technically, you would need to prove to your insurance company—or, ultimately, a judge—that you satisfy the definition of total disability under your policy.
We would fight to see your benefits continue uninterrupted for your maximum period of benefit recovery, which is normally to age sixty-five. In addition to this, we would argue that you should be paid all past disability benefits owed to you up to the date of your settlement or trial.
Lump sum settlement awards for future benefits are sometimes negotiated during settlement talks but should not be a factor when starting a claim for denied benefits. The insurance company is not obligated to settle with you for a lump sum amount, but it must reinstate you and pay your benefits every month if you’re totally disabled.
Do You Need a Hamilton LTD Lawyer?
If you suffer from a psychiatric or physical clinical disability that renders you unable to perform the substantial and material duties of any occupation for which you have education, training, and experience, then it is vital that you contact a disability lawyer and inform yourself of your legal rights.
Taking on a disability insurer in Ontario is not for the faint of heart—don’t try to do it alone. As Hamilton disability lawyers, we see claimants come to us after being bombarded with an endless barrage of anti-coverage grenades that share a single target: preventing them from collecting disability benefits.
How do disability insurers do this? They will often hire their own doctors to conduct medical examinations that will inevitably find you in “perfect” health. Alternatively, the doctors might not be qualified to render an opinion regarding your condition but may do so anyway. In real life, they would surely send their own patients to specialists.
If you happen to be wealthy, insurance companies may suggest that you stopped working out of choice or because you are burned out—not because you are truly and genuinely disabled. If that fails, insurance companies will often have their own paparazzi surveil you to catch you, for a minute, exhibiting behaviour that allegedly contradicts your medical records.
At times, disability carriers might also attempt to manufacture a “choice” argument by offering to retrain or rehabilitate the insured person. If the insured declines the offer, the insurer will argue that the insured has chosen to remain disabled and is therefore not entitled to long-term disability benefits.
Total disability does not signify an absolute state of helplessness. Rather, you must be unable to work in any position for which you are suited by way of education, training, or experience.
If you have been denied long-term disability benefits in Hamilton, speak with a lawyer who specializes in denied LTD claim litigation. Hamilton lawyer Matt Lalande has represented hundreds of individual claimants at all stages of disability claims, including claim denial, denial at the change of definition, or lawsuits to recover disability benefits.
If I’ve Been Denied LTD, Do I Need to Come to Your Office?
The short answer is no. We represent denied disability claimants all around the province. If you have been denied disability and live anywhere between Toronto and Niagara, we are happy to come and visit you. If you live outside of the Golden Horseshoe, we are happy to have a telephone conversation with you to determine the viability of your claim.
If at that point you decide to work with our firm, we are happy to arrange your digital signature on our firm retainer and courier the appropriate documents to you overnight in order to commence your lawsuit.
We have represented hundreds of disability insurance claimants outside of the Golden Horseshoe area—from Niagara Falls to Ottawa to Sudbury. We are happy to discuss your situation at any time. We will never ask you for money up front, and your consultation is without obligation.
Types of LTD Claims We Can Help With
Lalande & Company Lawyers are experienced with representing individuals who have been denied long-term disability benefits under private insurance plans. We have represented Hamilton disability insurance claimants at all stages of the process, from the initial denial to pretrial.
If your claim for long-term disability benefits was denied, our Hamilton disability lawyers will aggressively advocate for your legal rights. We have represented disability claimants who suffered from the following:
- Chronic pain
- Psychiatric illnesses
- Psychological illnesses
- Physical pain
- Cardiac difficulties
- Unexpected surgeries
- Unexpected onset of dementia
- Chronic back and neck problems
- Hepatitis C
- Severely diminished eyesight
- Anxiety and depression
- Serious orthopaedic injuries
- Vertigo and chronic dizziness
- Many more conditions
Get in Touch with a Long-Term Disability Lawyer in Hamilton, no matter where you are in Ontario
We understand that you might be hesitant to contact a lawyer because you’re afraid of what it will cost. That’s a reasonable concern. However, rest assured that we will never ask you for money up front to start your case, nor will we charge for initial consultations. We are more than happy to discuss your situation, provide you with opinions and advice, and help you determine your options. The team at Lalande & Company Lawyers is flexible and can arrange a consultation at a time that is convenient to you and your family.